6 CCR 1014-2, Tobacco Settlement Monitoring and Reporting Rules

REGULATORY ANALYSIS

For Repeal of

6 CCR 1014-2, Tobacco Settlement Monitoring and Reporting Rules

Adopted by the Board of Health on August 19, 2015

1.A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.

The Tobacco Master Settlement Agreement (MSA) Programs annual report has been developed by the Department in collaboration with recipients of MSA funds since 2001. The repeal of this report removes a duplicative reporting burden across state agencies that receive MSA funds, eliminates the requirement for the Department to develop the report and eliminates the State Board of Health’s obligation to review and enter recommendations concerning the use of MSA funds. State agencies will continue to report to the General Assembly, including the Joint Budget Committee, and the Office of State Planning and Budgeting as they would with other fiscal matters. The repeal of the rules does not negatively impact any classes.

2.To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.

The repeal of this report and the related rule is efficient. State agencies, including the Colorado Department of Public Health and Environment, can report on the use of MSA funds similarly to other fiscal reporting. The repeal of the report and the related rule eliminates the Department’s obligation to compile the data of numerous state agencies and removes the obligation placed on the State Board of Health to evaluate whether state agencies were appropriately using MSA funds.

3.The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.

Funds allocated to the Department to compile the report have been eliminated. The savings to the reporting agencies are minimal.

4.A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.

Inaction is not an option as the Board of Health now lacks the statutory authority to promulgate rules for Tobacco Master Settlement Agreement monitoring and reporting.

5.A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.

There is no other less costly or less intrusive method to repeal theTobacco Settlement Monitoring and Reporting rules. The rules are no longer authorized by statute.

6.Alternative Rules or Alternatives to Rulemaking Considered and Why Rejected.

There are no other alternative methods for achieving the purpose of this rulemaking.

7.To the extent practicable, a quantification of the data used in the analysis; the analysis must take into account both short-term and long-term consequences.

SenateBill15-189, signed into law on April 16, 2015, serves as the basis for the request to repeal these rules.